Notice of Class Action Settlement for Medically Fragile Persons

July 9, 2013

On July 9, 2013, Federal Judge Ruben Castillo has given preliminary approval of a Class Action Settlement (Consent Decree) concerning medically fragile persons who at the age of 21 were subjected to reduced Medicaid funding which reduced the level of medical care (nursing care).

Read the Court's Legal Notice of Proposed Class Action Settlement and Hearing.

Read the Proposed Consent Decree.

The settlement was reached to resolves a lawsuit brought by Robert H. Farley, Esq. in Federal Court. The case was certified to proceed as a class action in November, 2010. The action claims that the Director of the Illinois Department of Healthcare and Family Services ("HFS") violated federal laws when individuals, who upon attaining 21 years of age, age out of the MF lTD Waiver and into a different waiver program that provides substantially less funding. The lawsuit alleges that without the funding provided by the MF/TD Waiver program, these individuals will have to be institutionalized or hospitalized to provide for their medical needs, in violation of of Title II of Americans with Dsiabilities Act, and the Rehabilitiation Act.

The Settlement provides for the following:

• Medical Services to be based on medical necessity, not chronological age.
• Person-centered standardized assessment of medical necessity, levels of services, and resource allocations.
• Assessments performed on fixed-timetables.
• Specific service plans that account for the individual's support system and allow for self-direction that might require more service hours.
• Family choice in service delivery.
• ER and hospitalizations monitored to see if service plan adjustments are warranted.
• Service plans to be reviewed annually and in interim periods if necessary to address changing needs.
• Involvement of families in changes to services or service plans.
• Close monitoring when services are changed or titrated.
• Higher levels of case management and more assistance for families with greater needs.
• Families will have Right to Appeal.
• Court will retain jurisdiction to enforce for 3 years.

On October 3, 2013, Judge Castillo will conduct a fairness hearing to determine whether the terms of the Consent Decree are fair, reasonable, and adequate, and should be approved by the Court.

FOR MORE INFORMATION: Call Attorney Robert H. Farley, Jr., at 630-369-0103.